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      <h1>
<a name="github-terms-of-use" href="terms.html#github-terms-of-use"></a>GitHub Terms of Use</h1>

<h2>
<a name="1-hi" href="terms.html#1-hi"></a>1. Hi.</h2>

<p><strong>What is this?</strong> This is GitHub, Inc.’s (“GitHub”) Terms of Service document (“Terms”). These Terms are a legal contract between you and GitHub that controls your use and access to GitHub’s products, tools, services, and content (“Tools”). "Tools" includes things like Atom, Jekyll, SpeakerDeck, [etc.] By using or accessing GitHub’s Tools, you acknowledge that you’ve read, understand, agree and consent to these Terms. </p>

<p><strong>Why is this?</strong> These Terms are code that determines how you can interact with GitHub’s Tools. They answer questions like, “Am I allowed to do X, Y, or Z on GitHub?” or “Who owns the code that I upload to or write on GitHub?” Essentially, this agreement spells out what GitHub’s obligations are to you and what obligations you have to GitHub vis-à-vis your relationship as someone who uses or accesses GitHub’s services and Tools.</p>

<p><strong>This is boring.</strong> Tell me more. As a general matter, website terms of service are dry, legalistic creatures, that are alternately ignored or reviled. Because this is a legal document – and an important one, at that – there’s only so much we can do to make it fun. But because these Terms are binding on both you and GitHub, it's important to us that you understand them FOR REAL and so we've tried to draft them in plain English rather than in obtuse <em>Legalese</em>. These Terms are provided as-is and on a take-it-or-leave-it basis. We hope you’ll take it.</p>

<p><strong>Transparency.</strong> These Terms live in a <a href="https://atom.io/LINK">public GitHub repository</a>. This provides transparency with respect to the substance of the Terms, previous versions of the terms, changes that have been made over time, who has made the changes, and when. It also means that you, wonderful user, are empowered to interact with these Terms just as you would with any other code that you have access to on the GitHub website. Think that something doesn't make sense? Create an Issue. Better yet, draft up and submit a Pull Request with your suggested changes. Please read <a href="https://atom.io/LINK">this Help document</a> for more information on submitting a Pull Request to GitHub's Terms. </p>

<p><strong>Cha-Cha-Changes.</strong>  This means that you can watch this repo and receive notifications when anybody opens an issue or submits a pull request. And of course, like any repository, you can always open an issue or submit a pull request to suggest a change that you think would improve the Terms. We promise to seriously consider whether to merge it. If we decide to merge a material change into the Terms, we will inform you before we do it to let you reflect on the change. The idea is that if you don’t like the new terms, or can’t or otherwise don’t agree to them, you’ll have time to move your work elsewhere. By the same token, your continued use of or access to the services and Tools after we've merged the change, will mean that you accept the new version of the Terms.</p>

<p><strong>Data Privacy.</strong> We care about the privacy and integrity of your data. Have questions about how and what information we collect from you and what we do with it? You can find answers in our Privacy Policy.</p>

<p><strong>Help!</strong>  These Terms may refer you to GitHub Help documentation, which are not a part of the Terms unless expressly included. Help documents explain GitHub processes and policies and are continuously evolving. We link to them so you can understand how things work at GitHub and do not intend them to be legally binding when you accept these Terms.</p>

<h2>
<a name="2-about-accounts" href="terms.html#2-about-accounts"></a>2. About Accounts</h2>

<ol>
<li>
<p>You are invited to create an account, unless you:</p>

<ol>
<li>are not a human.  Some bots are smart and useful, or at least non-spammy and/or abusive, but all our accounts must be initially created by a human.</li>
<li>can't enter into a contract with us.</li>
<li>can't form a binding contract with us, or are a person barred from receiving services under the laws of any applicable jurisdiction.</li>
<li>are creating organization accounts and can't agree to these terms on behalf of your organization.</li>
<li>are not yet 13 years of age. Sorry, but we need to comply with United States federal law, so all GitHub account holders must be at least 13 years old.</li>
</ol>
</li>
<li><p>User and Organization Accounts.
User Accounts are associated with one person, with a unique email and user name. If you have a user account you can have unlimited collaborators with read/write access.<br>
Organization Accounts can have multiple owners and unlimited collaborators with a range of team-based permissions. You can only create an organization account once you have a user account.
Read more about the difference between user and organization accounts if you like.</p></li>
<li><p>Paid and unpaid accounts.
You can choose either a paid or an unpaid account. For the purposes of these Terms, the primary difference is that on a paid account you can create private repositories. If you want to know more about the account plans, you can read more here.</p></li>
<li>
<p>Rules about accounts</p>

<ol>
<li>You are responsible for all content and activity created in association with your account, whether authorized by you or not, so keep your access credentials close to your heart.</li>
<li>You are expected to maintain a strong passphrase on your account. If you believe the confidentiality of your account credentials have been compromised, change your passphrase immediately and contact customer service.</li>
<li>If you are an administrator of an organization, you are responsible for granting and removing user access to your organization’s repositories.</li>
<li>You cannot sell your account or any part of it.</li>
<li>Disputes as to the ownership of a GitHub account will be resolved in accordance with our <a href="https://cerebro.githubapp.com/articles/account-ownership-disputes">Account Ownership Disputes Policy</a>, which is incorporated by reference into these Terms.</li>
</ol>
</li>
<li>
<p>Deleting an account</p>

<ol>
<li>There is a DIY process for deleting your account. You can delete your account by clicking on the Account link in the global navigation bar at the top of the screen. You cannot request that GitHub delete your account - an email or phone request to have your account deleted will not delete your account.</li>
<li>When you delete your account, your content will be immediately inaccessible, but may be retained on our primary servers for a short time. Content may persist on our backup servers for a period of time after an account is deleted.</li>
<li>Your decision to delete your account is final and GitHub will not reinstate your account content once deleted.  For more information, please see our <a href="https://help.github.com/articles/github-privacy-policy">Privacy Policy</a>.</li>
</ol>
</li>
</ol><h2>
<a name="3-about-content" href="terms.html#3-about-content"></a>3. About Content</h2>

<ol>
<li>
<p>Content you submit.</p>

<ol>
<li>By placing content in any repository, including a Gist repository, you tell GitHub and the world that you have the right to do that, and that you included complete details of the terms of its use, including of any third-party license or other restriction (including, but not limited to, related patents and trademarks) of which you are personally aware and which are associated with any part of this content.</li>
<li>It's best to attach a license for the content you submit, like an open source <a href="http://choosealicense.com">license</a> for your content, including details about how you would like to be attributed to. Otherwise, strict copyright law will apply, which isn't necessarily what you want as a collaborator.
Either way, You agree to allow anyone with access to your repository the right to access, view, send a pull request and <a href="https://help.github.com/articles/fork-a-repo">fork</a> the content you upload.<br>
</li>
</ol>
</li>
<li>
<p>Other users' content.</p>

<ol>
<li>When you use other users' content, you are responsible to respect any terms of use that attach to that content.</li>
<li>GitHub takes no responsibility for, expressly or implicitly endorse, or assume any liability for User Content.</li>
</ol>
</li>
<li>
<p>GitHub content.</p>

<ol>
<li>We grant you the right to to access GitHub content in the manner described in these Terms. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display GitHub content, except as permitted by the doctrine of fair use or as authorized in writing by us. If you are interested in licensing GitHub content, contact us at [<a href="mailto:support@github.com">support@github.com</a>].</li>
<li>Feedback you provide on GitHub code. We appreciate when you make comments, suggestions, create branches, forks and pull requests on GitHub code. When you voluntarily submit anything to us, you agree that we are free to use it without any restriction, payment or attribution to you.</li>
<li>GitHub Atom beta packages are under the MIT license.
Remember to follow the terms of this license when it affects you, like you would in any other case in which you use code that you haven't written yourself.</li>
</ol>
</li>
<li>
<p>Intellectual Property Rights.</p>

<ol>
<li>GitHub reserves the right, in its sole discretion, and in appropriate circumstances, to disable and/or terminate the accounts of users of the Service who infringe upon the copyrights, trademark rights or other intellectual property rights of GitHub and/or others.</li>
<li>If you are an intellectual property owner who needs to report a possible violation, you will need to provide all the information required, as stated in our <a href="https://help.github.com/articles/github-trademark-policy">Trademark Policy</a> and/or our <a href="https://help.github.com/articles/dmca-takedown">DMCA Takedown Policy</a>.</li>
</ol>
</li>
</ol><h2>
<a name="4-api-terms" href="terms.html#4-api-terms"></a>4. API Terms</h2>

<p>Users may access their GitHub account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses GitHub, is bound by these Terms of Service plus the following specific terms:  </p>

<ol>
<li>You expressly understand and agree that GitHub shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GitHub has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.<br>
</li>
<li>Abuse or excessively frequent requests to GitHub via the API may result in the temporary or permanent suspension of your account's access to the API. GitHub, in its sole discretion, will determine abuse or excessive usage of the API. GitHub will make a reasonable attempt via email to warn the account owner prior to suspension.</li>
<li>GitHub reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.<br>
</li>
</ol><h2>
<a name="5-github-code-of-conduct" href="terms.html#5-github-code-of-conduct"></a>5. GitHub Code of Conduct</h2>

<ol>
<li>Use GitHub To Create Great Code. We expect you will only use the Tools in the manner for which they were created. For example, this means you agree not to:

<ul>
<li>Upload, post, host, or transmit unsolicited email, obscene content, SMSs,"spam," transmit any worms or viruses or any code of a destructive nature, or engage in any type of abuse (including defamation or harassment);</li>
<li>Infringe on the privacy rights of another person;<br>
</li>
<li>Modify, adapt or hack any portion of GitHub or Atom website, tool, product or service so as to falsely imply that it is associated with GitHub, Atom or any other Tool;</li>
<li>Use GitHub or Atom subdomains in violation of GitHub's trademark or other rights or in violation of applicable law.</li>
<li>Duplicate, copy, sell, resell or commercially exploit any Tools without the express written permission of GitHub;</li>
<li>Collect user information or user content using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission; and</li>
<li>Violate any applicable laws or the Terms (including our <a href="https://help.github.com/articles/github-trademark-policy">Trademark Policy</a>, <a href="https://help.github.com/articles/dmca-takedown-policy">DMCA Takedown Policy</a> and <a href="https://help.github.com/articles/github-privacy-policy">Privacy Policy</a>, referred to above).</li>
</ul>
</li>
<li>  You may use your <a href="http://pages.github.com/">GitHub pages website</a> solely as permitted and intended by the GitHub Pages tool to host your company pages, personal pages, or open source project pages, and for no other purpose;</li>
<li>  We reserve discretion to enforce all of these Terms and reserve the right to:

<ul>
<li>Delete content, suspend, terminate or lock accounts that violate these Terms;</li>
<li>Resolve account ownership disputes in accordance with our <a href="https://cerebro.githubapp.com/articles/account-ownership-disputes">Account Ownership Disputes Policy</a>;</li>
<li>Disable your account or throttle your file hosting if your bandwidth usage significantly exceeds the average bandwidth usage of other GitHub customers (as determined by GitHub), until you can reduce your bandwidth consumption;</li>
</ul>
</li>
</ol><h2>
<a name="6-general-conditions" href="terms.html#6-general-conditions"></a>6. General Conditions</h2>

<ol>
<li><p>Indemnity.
You accept responsibility for all content you contribute or place. As such, if GitHub is named in a lawsuit involving any of this content, you agree to pay for all our associated costs, including any losses, damages, expenses (including reasonable attorney's fees and expenses) and other liabilities.  </p></li>
<li><p>Disclaimer of Warranties.
THE SERVICE IS AVAILABLE "AS IS" AND ON AN "AS AVAILABLE" BASIS. GITHUB EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE, MOREOVER, THAT GITHUB MAKES NO REPRESENTATION AS TO THE ADEQUACY OF ITS TOOLS AND SERVICES FOR YOUR NEEDS, OR THAT THE SERVICES WILL BE ERROR-FREE AND UNINTERRUPTED.</p></li>
<li><p>Liability Disclaimer.
GITHUB WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER IN TORT, CONTRACT, OR OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND TOOLS OR FOR YOUR RELIANCE ON OR USE OF USER CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, EVEN WHERE GITHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p></li>
<li><p>Modification Of Tools and Services.
We reserve the right to modify, suspend, or cancel the Service and to modify or suspend the Tools at any time and for any reason. When we do so, we will notify you through the via the email you provided to us or on <a href="http://www.github.com">www.github.com</a>.</p></li>
<li><p>Governing Law and Jurisdiction.
Any claim or dispute between you and GitHub arising out of or relating to these Terms, in whole or in part, shall be governed by the laws of the State of California, without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction of a state court located in San Francisco, California or the United States District Court for the Northern District of California.</p></li>
<li><p>Severability.
If any provision is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.</p></li>
<li><p>Enforcement.
If we do not enforce any right or provision in these Terms, our non-enforcement is not to be deemed a waiver of our right to do so in the future.</p></li>
</ol><p>If you have any questions on how to use GitHub, please visit our <a href="https://help.github.com/">Help site</a>. If you can't find what you're looking for there, GitHub also <a href="https://github.com/contact">provides support to all users</a> (via email, in English).</p>

<p>If you are authorized to access the Service under a separate agreement, your use is also governed by that agreement. If these Terms and that agreement conflict, the agreement will control.</p>

<p>GitHub is owned and operated by GitHub, Inc. Throughout these Terms, we may refer to ourselves as “GitHub,” “us,” or “we.”</p>
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